The FTT’s decision
The FTT’s decision
The FTT considered that the appeal turned on the concluding part of s. 263(3) (i.e. that “person managing … includes, where those rents or other payments are received through another person as agent or trustee, that other person”). Mr Cetin did not dispute that he received payments of rent on behalf of the landlords in respect of the letting of the property and the FTT was satisfied that Mr Oba knew, and that Mr Cetin either knew or ought to have known, that the property was being used as an HMO and was not licensed. The FTT therefore found that Mr Cetin had committed the offence under section 72(1) of the Act. Having regard to the modest fee of only £500 received by the Company, the FTT considered that the penalty imposed on Mr Cetin by the Council was excessive and reduced it by half.
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